In this episode of Ashurst Legal Outlook, Employment partner Jennie Mansfield, is joined by Digital Economy partner Geoff McGrath, to unpack the introduction of a new statutory tort for serious invasions of privacy in Australia. This major legal development, effective from 11 June 2025, brings a new right of action for individuals and significant new compliance responsibilities for employers.

They explore key aspects of the tort, including:
• What qualifies as a “serious” invasion
• Employee surveillance and data monitoring
• The limits of employee consent
• Risks around third-party data sharing and AI use

Together, Jennie and Geoff outline how the new tort closes gaps left by the Privacy Act, particularly around employee records, and why employers need to rethink consent, transparency, and policy design. They also highlight proactive steps organisations can take now, such as revisiting employment contracts, reviewing privacy policies, and updating staff training to reduce exposure and meet this new legal standard.

To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

The past 18 months have seen major changes to the corporate criminal landscape in the UK and, with enforcement ramping up, companies need to act. In this episode, we recap the main changes, highlight some pressing compliance deadlines, and suggest how companies might best respond.

In the latest episode of our UK Governance & Compliance mini-series, our expert team reflects on the fast-evolving corporate criminal landscape in the UK, and what companies need to do about it.

Together, Ashurst colleagues Will Chalk, Ruby Hamid and Neil Donovan consider recent leadership changes in the UK’s enforcement authorities and the difference that will make in practice. As Ruby points out: “For companies, that means greater risk of conduct being identified, investigated and enforced.”

The trio discuss updated guidance for companies that self-report and cooperate with investigations into corporate fraud and the impact of the Economic Crime and Transparency Act which brings in a new criminal offence of failing to prevent fraud as well as expanding the scope of those who can expose companies to criminal liability.

With the landscape in such flux, this episode offers some timely analysis of companies’ risk exposure, and underlines the importance of culture, escalation and communication channels for employees to report concerns. Our experts also share the latest issues regarding supply chain risk.

To listen and to subscribe for future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To stay up to date with these unfolding issues, you can read Ashurst's latest Governance and Compliance Update.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

With its new carried interest regime offering a 50% tax rebate, Spain is making a bold play for private equity talent. Clearer rules, competitive rates, and a lifestyle that blends world-class cuisine, culture, and climate are turning heads, and portfolios, toward the Iberian Peninsula.

Could a move to Spain cut your carried interest tax bill in half, without the usual legal grey zones? What if your next bonus came with sunshine, sangria, and a 50% rebate from the Spanish tax authorities? This episode in the Tax Lyrical mini-series breaks down Spain’s new carried interest regime and asks whether a five-year holding period is a gateway to major savings or a hidden pitfall waiting to catch fund executives off guard.

To unpack Spain’s new carried interest regime, Ashurst’s Patricia Allen is joined by Javier Hernández Galante. Together, they explore the key requirements, tax benefits, and common pitfalls of the new framework, as well as how it compares to previous treatment under Spanish law. “The goal is to bring clarity where there was once uncertainty,” explains Javier, highlighting why Spain may now be a serious contender for fund executives looking to optimise both tax and lifestyle.

This is the latest episode in our mini-series on tackling tax issues and investment funds. To listen to this episode and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or wherever you get your podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Many companies are adapting their governance and reporting processes in response to the UK’s new Cyber Governance Code of Practice. In this episode, we explain some of the main implications for board directors and in-house legal teams.

It’s often said that there are two types of companies: those that have been hacked and those that are going to be. With cyber threats constantly evolving and escalating, the Department of Science, Innovation and Technology this year issued the UK Cyber Governance Code of Practice.

For this latest episode of our UK Governance & Compliance mini-series, we’ve gathered a team of experts to answer the questions that directors and in-house legal teams are asking. These include: How does the code work in practice? What actions are required to comply with the Code? Where should directors start? What role should legal teams play in incident planning and response? What guidance is available? What part does training have to play? And, looking ahead, how likely is the Code to become a mandatory regulatory requirement?

Joining Ashurst’s Will Chalk to discuss these issues (and more) are Rhiannon Webster, Ashurst's UK head of data protection and cybersecurity, and Rachael Falk, a partner in Ashurst’s Risk Advisory team in Sydney, Australia.

To listen and subscribe to future episodes in our governance and compliance mini-series, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In this episode of Industrious Conversations, Ashurst Employment partners, Kathy Srdanovic and Jon Lovell, discuss the implications of the recent federal election for Australian employers in industrial relations. Together, they pinpoint the issues to watch out for including:

• Restraint of trade reforms
• Security of employment and enhanced safety net (NES) protections
• Bargaining;
• Long service leave changes; and
• AI in the workplace.

They discuss the likely changes to post-enmployment restraints, particularly non-compete clauses, the possible expansion of labour hire protections, the push towards preserving penalty rates, and increased protections in rostering and flexible work arrangements.

They also speculate on Australia’s prospects for forced bargaining, multi-employer bargaining, a universal long service leave scheme, and the regulation of artificial intelligence in the workplace. Along the way, they reflect on if and how the mooted changes might impact Australia’s lagging productivity.

To listen to this and subscribe to future episodes of Industrious Conversations, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In the latest episode of our World@Work series, we discuss several nations’ contrasting approaches to workplace investigations relating to whistleblower reports and sexual harassment issues.

An expert panel from around the globe explains what is prompting the surge in internal investigations and how employers in various jurisdictions are rising to the challenges. Along the way, they discuss their nation’s approaches to employer liability, prevention, complaint handling

 and allegations, timeframes, fines and compensation, plus other sensitivities and complexities of workplace investigations. It’s an illuminating summary that highlights trends and options  of note to employers and HR teams everywhere.

Ashurst’s Kirsten Scott hosts this episode from Perth, Australia. She’s joined by Crowley Woodford in the UK, Andreas Mauroschat in Germany, Cristina Grande in Spain, Norman Ibnuaji in Indonesia and Jordan Cohen in France.

To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those developments referred to. Listeners should take legal advice before applying this information to specific issues or transactions.

See omnystudio.com/listener for privacy information.

With investor interest rising by the day, our latest podcast explores the data centre market in Spain. This wide-ranging discussion covers everything from finance structuring to lease agreements, and from zoning challenges to power connection issues.

When it comes to Spain’s data centres, how can domestic and overseas investors put themselves in pole position? Which financing options are most effective? How well do banks understand these assets? Where might the hidden obstacles be?

All these questions – and more – are tackled in this podcast discussion on Spain’s booming data centres market. Joining us from Madrid, Ashurst colleagues Ismael Fernández Antón and José Christian Bertram cover a lot of ground in under 20 minutes, mapping the financing landscape and describing the market’s intricacies. This episode is a must-listen for anyone considering deals in this growing asset class.

To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read more about data centres in Spain, read this article on the Ashurst website. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In the wake of corporate scandals, Provision 29 of the UK Corporate Governance Code has been revamped with implications for risk management and internal controls in many UK companies. With new rules set to apply for financial periods beginning on or after 1 January 2026, this podcast looks at how companies can prepare.

In today’s episode Ashurst’s Will Chalk is joined by two people who were closely involved in industry consultations relating to the UK Corporate Governance Code; Ashurst risk expert Nisha Sanghani and ICAEW governance lead Peter van Veen. They consider what changes to Provision 29 will mean for regulated organisations in the UK.

The episode includes a summary of what the new requirements involve and a practical road map for compliance, covering areas of greatest urgency, likely judgment calls, and the possible impacts for assurance. The trio also debate whether the description “Sarbanes-Oxley via the back door” is an apt one for revised Provision 29.

To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In this first episode of the series, Ashurst colleagues Tom Mercer, Harry Thimont and Jade Jack endeavour to unpick the year to date and the impact that geopolitical upheaval has had on the public markets. The tumultuous start to the year has seen significant market volatility and the trio describe how this has affected, and how they expect it will continue to affect, UK public M&A.

The episode is intended to sit alongside, and complement, our quarterly publication which is available on our website. The publication looks at key highlights and market developments in the first quarter, as well as relevant legal and regulatory developments. The publication also includes tables summarising the key features of firm offer announcements made during the quarter.

To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Ashurst recently brought together key stakeholders from across the data centre ecosystem to explore the many opportunities and challenges in the industry. In this episode, we share the key takeaways about investing in and financing of data centres.

Experts at a recent Ashurst seminar dived deep into the funding issues associated with data centres. Among the participants were Ashurst’s Ruth Harris, Rebecca Clarke, Chris Grey, and Rhodri Lewis – and in today’s podcast they share the highlights and talking points.

On the investment side, the seminar discussed strong demand, low vacancy rates, and high barriers to entry due to construction costs, regulatory scrutiny, and power access. With major M&A activity already underway, several capital destinations were flagged up including the Nordics, Spain, Italy and Greece, and the importance of subsea cable access and geopolitical factors was emphasised. 

From a financing perspective, the move towards longer term lender/sponsor partnerships was covered. Among several hot topics, the seminar explored the challenges of securing early-stage finance, structuring for future asset exits, and lifecycle capex planning amidst rapidly advancing technology. It was also noted that increased lender appetite raises the possibility of earlier involvement in projects and interest in more flexible finance options.

To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read more about data centres, head to Ashurst's data centre insights hub. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.